SCA grants Motsoaledi leave to appeal ZEP matter

The Supreme Court of Appeal (SCA) has granted Home Affairs Minister Aaron Motsoaledi leave to appeal the Zimbabwe Exemption Permits (ZEP) ruling.

This after the Zimbabwe Immigration Federation took the Department of Home Affairs to court in 2022 over the termination of the ZEP, asking the court to declare it unconstitutional and invalid.

The decision was taken by Cabinet not to renew the permits when they expired in December 2021, but agreed to an extension by a year to grant Zimbabweans a chance to apply for alternative visas.

In December last year, Motsoaledi announced that his department granted at least 178 000 Zimbabweans exemption permits until 29 November 2025.

The federation launched an application in the High Court in Pretoria to challenge the decision affecting Zimbabweans who live, study and work legally in South Africa with the permit.

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In June last year, the court ruled against Motsoaledi, granting an interdict to the Zimbabwe Immigration Federation to prohibit the department from arresting, deporting and detaining any person who doesn’t possess a valid ZEP.

However, the department said it was not clear what the purpose of the interdict was when, in fact, the minister issued directives to ensure that the affected Zimbabweans continue to enjoy the protections afforded by the extension of the ZEP.

Conditions of the extension of the ZEP meant that the Zimbabwean nationals would be allowed to work, seek employment and conduct business in South Africa during the period of validity or to apply for a new permit.

No holder of a valid exemption permit may be arrested, ordered to depart or be detained for purposes of deportation or deported for any reason related to them not having any valid exemption certificate, reads the department’s directive.

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“They continue to enjoy freedom of movement between South Africa and Zimbabwe and anywhere, as pleaded in the affidavits filed in court on behalf of the minister showing significant movements to and from Zimbabwe by the affected Zimbabwean nationals and their families,” said Motsoaledi in a statement.

“Furthermore, many affected Zimbabwean nationals continue to apply for other visas and waivers in large numbers as provided for in the Immigration Act 13 of 2002.”

The department took the fight to the SCA and was granted leave to appeal the High Court judgment.

ALSO READ: SCA delivers blow to Home Affairs in ZEP appeal

“The minister welcomes the decision of the SCA granting leave to appeal the Zimbabwe Immigration Federation matter,” said the department on Thursday.